Error in qualitate, what constitutes a quality? - C. 1097 § 2 Code/83

Abstract

This article analyses the concept of error of quality according to c. 1097 § 2 Code/1983. It focuses on the question of what constitutes a ‘quality’ within the meaning of the canon and under what conditions an error in this regard can lead to the nullity of a marriage. The study covers canonical, historical and secular perspectives as well as the case law of the Rota Romana and German diocesan courts. It shows that the term ‘quality’ remains largely unde-fined in case law and literature. Qualities are considered to be permanently assignable characteristics of a physical, psychological, social or moral nature – provided that they were directly and primarily sought after.